Fish and Wildlife Regulatory Revisions

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Proposed, Emergency, and Recently Adopted Regulations and Pre-proposals

Proposed Regulations

How to Comment on Proposed Fish and Wildlife Regulations

6 NYCRR Part 182, Endangered and Threatened Species Mitigation Bank Fund 

The proposed rulemaking would establish how the Endangered and Threatened Species Mitigation Bank Fund would operate. This rule making is required to implement the Mitigation Bank Fund as created under the 2020 Accelerated Renewable Energy Growth and Community Benefit Act and amended by the 2024 Renewable Action Through Project Interconnection and Deployment (RAPID) Act.

Environmental Conservation Law (ECL) Section 11-0535-c authorizes the Department to utilize the Endangered and Threatened Species Mitigation Bank Fund (Fund) and enables the Department to promulgate regulations governing the use and administration of the Fund. The Fund is an alternative mechanism for large scale renewable energy generation and transmission projects to meet mitigation requirements for unavoidable adverse impacts to endangered and threatened animal species. The Office of Renewable Energy Siting (ORES) within the Department of Public Service is the lead agency reviewing large scale energy generation and transmission projects under the RAPID Act. DEC will work with ORES to evaluate whether projects that are anticipated to result in unavoidable harmful impacts to endangered or threatened species can accomplish effective mitigation offsite. If offsite mitigation is possible, DEC is authorized to determine appropriate payments into the Fund based on considerations outlined in these regulations. Considerations include the nature of the impact, which species are impacted and the estimated cost for the DEC to implement a conservation project capable of generating benefits to the affected species that exceed the anticipated harmful impacts (that is, create a net conservation benefit). ORES can either accept the recommended payment into the Fund or work with the applicant to ensure they implement an alternative mitigation plan that is determined to result in a net conservation benefit to the impacted species. The DEC is authorized to use the Fund to implement management actions to create a net conservation benefit for the species impacted by the participating projects and is required to report on the status of Fund annually.

Notice of Public Comment Hearing

Two virtual public comment hearings for the proposed rulemaking will be held on January 8, 2025, at 1:00 p.m. and 6:00 p.m., before Administrative Law Judge (ALJ) Michael Caruso via electronic webinar as follows and accordingly, is reasonably accessible to persons with impaired mobility:

Date: January 8, 2025
Time: 1:00 p.m. EDT

Registration Link: 

https://meetny-gov.webex.com/weblink/register/r77a821084c6b1529545f60cf1110194e 

Webinar Number: 2826 445 1316
Webinar Password: Welcome1

Join by phone only: Call 1-415-527-5035. Enter access code 2826 445 1316 and password 93526631.

Date: January 8, 2025
Time: 6:00 p.m. EDT

Registration Link:  
https://meetny-gov.webex.com/weblink/register/r97ff84c56245daa33cbd96688e165404 

Webinar Number:  2822 157 0021
Webinar Password: Welcome1

Join by phone only: Call 1-415-527-5035. Enter access code 2822 157 0021 and password 93526631.

When you register, you will be asked whether you wish to make a public statement. Once registration is complete, you will receive an email confirmation regarding how to join the hearing. 

Persons wishing to comment on the proposed rulemaking at the virtual hearings on January 8, 2025, must register to speak no later than 4:00 p.m. on January 7, 2025. The ALJ may limit the amount of time each speaker has to comment to ensure that all individuals have an opportunity to be heard. Any person may listen to the hearing by phone without pre-registration. This hearing will be held virtually on WebEx.  

All participants will be muted upon entry into the hearing. The ALJ will call each person who has registered to speak in the order in which they registered. The ALJ will continue the hearing until everyone wishing to speak has been heard or other reasonable arrangements have been made to include their comments in the record. We recommend that lengthy comments be summarized for oral presentation and submitted in writing as provided below. Equal weight will be given to oral and written comments.  The hearing will be recorded for inclusion in the record.

Interpreter and translation services shall be made available to deaf persons and persons with limited English proficiency at no cost. Requests must be received by December 24, 2024, but DEC will make every effort to fulfill requests received closer to the hearing date. Requests can be directed to the NYSDEC Division of Communication, Education, and Engagement by mail (address: NYSDEC, 625 Broadway, Albany, New York 12233-4500), e-mail ([email protected]), or phone (518) 402-8028.

Notice of Public Comment Period

The public comment period on the rule making concludes on January 15, 2025.

Written statements must be postmarked by January 15, 2025, and submitted to:

NYSDEC - Division of Fish and Wildlife
625 Broadway, 
Albany, NY 12233
ATTN: Abby Valachovic

Email: [email protected] . Please include “Mitigation Bank Fund” in the subject line of the email. Written statements must be submitted to the NYSDEC by 5:00 p.m. on January 15, 2025.

Rulemaking Documents and Resources

6 NYCRR Part 6 NYCRR Part 182, Endangered, Threatened Species of Fish and Wildlife; Species of Special Concern

The Department is proposing revisions to the list of endangered, threatened, and special concern fish and select wildlife species. These rules are authorized under Section 11-0535 of the ECL and implemented by the Department through Title 6 of the New York Compilation of Codes, Rules and Regulations (6 NYCRR) Part 182. This rule making is required to partially update the list of species protected under Part 182.5 to reflect known changes in status for native fish species in New York and to explicitly add species that have been listed by the US Fish and Wildlife Service as endangered or threatened under the Code of Federal Regulations Title 50, part 17.11 that do not appear in the express terms of Part 182.5. The list of species appearing in Part 182.5 was last updated in 1999 and the abundance and distribution of several species are known by the Department to have changed since that time. This rulemaking focuses on species of fish, and further rule making actions are planned to address additional groups of animals.

Rulemaking Documents and Resources

6 NYCRR Part 664, Freshwater Wetlands Jurisdiction and Classification

The proposed rule making amended 6 NYCRR Part 664, Freshwater Wetlands Maps and Classification regulations to implement amendments to the Freshwater Wetlands Act that take effect January 1, 2025. The rule making defines key terms, improves the freshwater wetland classification system, establishes criteria for the identification of Wetlands of Unusual Importance, and establishes procedures related to jurisdictional determinations.

Rulemaking Documents

Informational Webinar

DEC will host a webinar on Jan. 15, 2025, at 2 p.m. to provide information and answer questions about the updated Freshwater Wetlands program regulations. Registration for the webinar is available here. A recording of the webinar will be posted on DEC’s website when available. Additional public engagement sessions—including webinars and community workshops—are planned for 2025. The first one being January 15, 2-3pm. Information for the webinar below:

  • Webinar topic: Navigating Change: Insights into the Finalized NYS Freshwater Wetlands Regulations
  • Date and time: Wednesday, January 15, 2025 2:00 PM | (UTC-05:00) Eastern Time (US & Canada)
  • Register link: https://meetny-gov.webex.com/weblink/register/r9d1c4704469cb7f0f469cdd7d4aa4eba
  • Webinar number: 2827 000 2244
  • Webinar password: welcome1 (93526631 when dialing from a phone or video system)
  • Join by phone: +1-929-251-9612 United States Toll (New York City)
    • +1-415-527-5035 United States Toll
    • Access code: 2827 000 2244

The final regulations and additional resources, including maps and information, is available on DEC’s website.

6 NYCRR Part 10 Trout Stream Fishing Regulations

This rulemaking aligns select trout stream regulations with DECs Trout Stream Management Plan and amends tidal trout regulations.

6 NYCRR Part 180.1; ECL Section 11-0511-Animals dangerous to health or welfare.

This rulemaking is to expand the list of animals which pose a risk to health or welfare of the people of the state or indigenous fish and wildlife.

6 NYCRR Part 1.11 - Amendment to Deer Hunting Seasons

This rulemaking would provide an option for counties to annually be excluded from the holiday deer hunt from December 26 to January 1 due to perceived concerns about potential impact to snowmobiling activity.

Emergency Regulations

There are no current emergency regulations for the Division of Fish and Wildlife.

Recently Adopted Regulations

6 NYCRR Part 182 Endangered and Threatened Species of Fish and Wildlife; Species of Special Concern; Incidental Take Permits

The proposed rulemaking reinstates regulatory language that was vacated as a result of a recent court ruling. The proposal is re-issuing the entirety of the endangered and threatened species regulations as they existed prior to the 2022 court decision and providing a public comment period and public hearing to restore the regulations to their previous form. There are no substantial changes to the regulations being made through this effort, beyond updating the dates to the most recent publication of federal regulations that are referenced within the regulations.

Rulemaking Documents

  • Text of Proposed Regulation (PDF)
  • Regulatory Impact Statement (PDF) - provides background and additional information.
  • Supporting Documents (PDF) - Express Terms Summary, Regulatory Impact Statement Summary, Regulatory flexibility Analysis for Small Businesses and Local Governments, Rural Area Flexibility Analysis, and Job Impact Statement.
  • Adopted on December 4, 2024. Effective on December 4.

6 NYCRR Part 177 Sporting License Printing and Mailing Fee

This rulemaking adopts a regulation to allow License Issuing Agents (LIAs) and license fulfillment centers to levy a nominal fee for the printing and/or mailing of plain paper hunting, fishing, and trapping licenses.

6 NYCRR Chapter 1, Subchapter 1 – Bass Fishing Tournament Permit and Reporting System

This rulemaking establishes a free permit and reporting system for fishing tournaments where black bass (largemouth bass and smallmouth bass) are the targeted species, and the tournament has 10 or more participants. The information derived from this system will help DEC respond to issues such as user conflicts, overuse of the resource, and concerns about black bass populations.

Contact for this Page

DFW, Bureau of Wildlife
625 Broadway
Albany, NY 12233

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